Levelling the Playing Field: How a Legal Services Payment Order Can Help Your Family Proceedings
Family law disputes, particularly those involving finances, can be emotionally and financially draining. All too often, one party holds the financial purse strings, creating a significant imbalance of power. This can leave the financially weaker party at a severe disadvantage, struggling to afford legal representation while their ex-partner can hire top lawyers and prolong the case.
For individuals in this position, the prospect of navigating complex legal proceedings alone can be overwhelming. Fortunately, the court system offers a vital tool to address this unfairness: the Legal Services Payment Order (LSPO).
What is an LSPO?
An LSPO is a court order that requires the financially stronger party in divorce, financial remedy, or certain Children Act proceedings to pay a sum of money towards the other’s legal fees.
Introduced following the significant cuts to legal aid in 2013, LSPOs are designed to prevent financial control from being used as a weapon in legal battles.
The money can be used to cover various costs, including:
- Advice from a solicitor or barrister
- Court fees and other disbursements
- Funding for alternative dispute resolution methods, such as mediation
Ensuring equality of arms
At its core, the concept of “equality of arms” is a fundamental principle of justice. It means that both parties in a legal dispute must have a fair and balanced opportunity to present their case. In family law, a significant financial disparity can shatter this principle, with one party’s legal representation outmatching the other’s due to limited funds.
This is where an LSPO proves invaluable. By mandating a contribution towards the less wealthy partner’s legal costs, the court effectively levels the playing field. This ensures that the outcome of the case is determined by the merits of each party’s arguments, not by their bank balance. It stops the financially stronger partner from using their resources to intimidate or outlast the other.
Can an LSPO help with legal fees?
An LSPO provides practical financial support, but it is not a blank cheque. The court will only grant an LSPO after a thorough assessment of your circumstances.
Eligibility requirements:
To be successful in your application, you must demonstrate to the court that you have:
- Insufficient funds to pay for legal services
- A clear need for legal representation
- Exhausted all other reasonable funding options, such as loans
- Tried and failed to secure a litigation loan from commercial lenders
- A solicitor who is unwilling to offer a “Sears Tooth” agreement, where fees are paid from the final settlement
Court considerations:
When making its decision, the court will also consider:
- The income, earning capacity, and financial resources of both parties
- The financial needs and obligations of both parties
- Whether the order would cause undue hardship to the paying party
- The overall fairness of the case
Cost budgeting and proportionality:
While an LSPO is a powerful tool, it does not provide unlimited funding. The court will require a detailed estimate of legal costs and may limit the award to cover costs up to the next major stage of the proceedings. This prevents excessive spending and ensures the budget is proportionate to the issues at hand.
Not just for “big money” cases
While LSPOs are often discussed in the context of high-net-worth divorces, they are relevant in a wide range of family proceedings. Whether the financial disparity is small or large, the principle remains the same: everyone deserves a fair chance to present their case.
An LSPO is an important safety net, but it’s not a simple process. The best way to determine if it’s the right option for you is to seek advice from a specialist family solicitor. They can help you prepare a robust application and navigate the complexities of your case.
Family Law Solicitor in Lichfield – Contact Julie Slater-Williams
If you’re facing a divorce and need expert guidance, I’m here to help. As a Partner at Keelys LLP in Lichfield, I specialise in complex family law matters, including LSPO applications.
Whether you’re based in Lichfield, Staffordshire, or the surrounding areas or even nationwide or internationally, I offer discreet, professional advice tailored to your unique circumstances. Please note that in cases where it is considered that lump sum payments will be received at the end of your case, we can agree a deferred payment arrangement. We can discuss this with you in full if appropriate.
📧 Email: jslater-williams@keelys.co.uk
📞 Phone: 01543 420011
For a confidential consultation with a trusted family law solicitor in Lichfield, please get in touch